I was saddened ast week when I read an article in the AJC online about a Douglasville construction worker who was crushed to death when equipment he was operating malfunctioned on the job site. Unfortunately, I see these types of catastrophic accidents far too often in my practice as an Atlanta personal injury lawyer who practices throughout north Georgia.
When workplace injuries occur, the injured person often has a workers' compensation claim for medical and lost wage (indemnity) benefits. These claims do not include, however, compensation for non-economic damages like physical and emotional pain and suffering. To recover compensation for such items, a claim must be successfully made against a third party who is not an employer or fellow employee of the injured individual.
An example of this is where the driver of a vehicle negligently collides his or her vehicle into the vehicle of the employee while the employee is on the job. In these types of situations, the injured employee can make a workers' compensation claim, as well as bring a personal injury claim/lawsuit against the non-employer/employee driver of the at fault vehicle.
Another example could be the situation described in the article discussed above where the worker is injured by malfunctioning equipment he or she uses while at work. Here, the worker will again have a claim for workers' compensation, and he or she may have a claim against the equipment manufacturer, distributer, wholesaler and/or retailer. These types of claims are called products liability claims and are often very complicated and difficult to prove. If successfully prosecuted, however, the claimant can again recover non-economic damages including physical and emotional pain and suffering.
If you or a loved one has been injured or killed in a workplace injury, it is important that you speak to experienced personal injury and workers' compensation lawyers. Often times both types of claims can be made and both economic and non-economic damages can be recovered. The attorneys in our firm have the experience and know how to successfully handle these claims and optimize your recovery. Please do not hesitate to contact me to discuss your situation. It would be my pleasure.
